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HomeMy WebLinkAboutRESOLUTIONS - 01012001 - 2001-533 tis • J`✓ THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on November 6, 2001,by the following vote: AYES: Supervisors Gioia, Gerber, DeSaulnier , Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO, 2401/ 533 SUBJECT: Approve the Subdivision Agreement for Subdivision MS 18-98 being developed by Rodeo Senior Apartments, Rodeo area(District II). On September 25, 2001, this Board approved the Parcel Map (Resolution No. 2001/447) being developed by the Contra Costa County Redevelopment Agency,without the need for a subdivision agreement. Since that time the project has been sold to a developer"Rodeo Senior Apartments,Inc." Therefore a subdivision agreement and related documents are now being required and approved by this board. The following documents were presented for Board approval this date: I. Subdivision Agreement A subdivision agreement with Rodeo Senior Apartments,Inc., subdivider,whereby said subdivider agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: I hereby certify that this is a true and correct copy of an Originator:Public Works(ES) action taken and entered on the minutes of the Board of GrpContact: Rich Lierly(313-2348) 0,\ G:1Grp17ata\EngSvc\$0\20011Temp1MS 18-98.doc Supervisors on the date shown. CL:lad cei Public Works-R.Bruno,Construction Current Planning,Community Bevelopmnt T—8-6-02 Rodeo Senior Apartments,Inc. ATTESTED: November 06, 2001 2169 E.Francisco Blvd.,#B JOHN SWEETEN, Clerk of the Board of Supervisors San Rafael,CA 94901 p Redland Insurance Company and County Administrator Attn: Lisa M.Lucas 350 Sansome Street,#1000 San Francisco,CA 94104 By L ,Deputy T� RESOLUTION NO.2001/. 533 SUBJECT: Approve the Subdivision Agreement for Subdivision MS 18-98 being developed by Rodeo Senior Apartments, Rodeo area(District 1I). DATE: November 6, 2001 PAGE: 2 A. Cash Deposit Deposit amount: $1,100.00 Deposit made by: EAH/Martin Mackey Development Tax ID Number: 94-1699153 Auditor's Deposit Permit No. and Date: 376037, October 18, 2001 B. Surety Bond Bond Company: Redland Insurance Company Bond Number and Date: RED1086127 Performance Amount: $109,200.00 Labor&Materials Amount: $54,600.00 Principal: Rodeo Senior Apartments, Inc. NOW THEREFORE BE IT RESOLVED that said subdivision,together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans; BE IT FURTHER RESOLVED that said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2001/533 SUBDIVISION AGREEMENT (Government Code 566462 and 566463) Subdivision: MS 18-98 Subdivider: PZdeO Senior ApartMeMt• .- Tnr_ Effective Bate: Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: Cvts1VTRA_COSTA COUNTY SUBDIVIDER Maurice M.Shiu,Public Works Director By: 46A {Print am a dile) Al 111 nnett tz Cn�r)v EMED FOR APPROVAL Assistant SecretarV By: ts�awe) — E ervices Division FORM APPROVED: Victor J.Westman,County Counsel (NOTE. All signatures to be acknowledged. If Subdivider is incorporated, signatures waist conform with the designated representative groups pursuant to Corporations Code 5313.) 1. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"C uu ty",and the above-mentioned Subdivider,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Subdivider agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Departnient and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof as required by the California Subdivision Map act(Government Code SS66410 and following),in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder,and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. %2ROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code S66499,and the County Ordinance Code,provide as security to the County: A. Eor Pcrformattcr acrd G ra.antec $ 1,140 cash,plus additional security,in the amount of S 108,100 _ which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of S 54.600 _ ,which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of.- Cash, f:Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider, the amount securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance;of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense,any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK.. Subdivider agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one(1)year from and after the Board of Supervisors accepts the work as complete. 6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are-adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If,at any time before the Board of Supervisors accepts the work as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Subdivider shall make whatever changes are necessary to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of the County indicating.the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Subdivider of his 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. 8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards, commissions,officers,agents,and employees. B. The liabiliti protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. SURVEY. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFQ&MANCE AND COSTS:If Subdivider fails to complete the work within the time specified in this Agreement,and subsequent extensions,or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds to complete the work. 12. INCORPORATIQNINNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,except as provided in this paragraph,the County's rights under this agreement and/or any deposit, bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. The provisions of paragraph 8(Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation. 13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. RL:mw:kw G:WkpUat&\En&SvelFomu\AG WOMAG-3002AM Rev. April d,2000 /] CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of C I/� r 0 1 Lt OPTIONAL SECTION County of tX C i A _ CAPACITY CLAIMED BY SIGNER On Qd• (a„ ooi,before me,C-s'-pori9, �j OtC1 ('j A4 1 Though statute does not require the Notary to flit In DATE NAME,TITLE OF OFFICER H.G.,"JANE DOE,NOTARY FURLIC" /� the data below,doing so may grave Invaluable to personally appeared A\U t n God\I1 f-t+ persons relying on the document. NAME(s)of SIGNER{s} 0 INDIVIDUAL personally known to me-OR-Q proved to me on the basis of satisfactory evidence to 0 CORPORATE OFFICER(S) be the persons)whose name(s)is/are TITLE(S) E.S.FONG subscribed to the within instrument and CornmIssion#1206754 acknowledged to me that he/sheAhey executed ❑ PARTNER(S) 0 LIMITED the same in his/hepkiwk authorized Notary Pub11C-CaAfC rnb capacity(ies),and that by his/herftiwir ❑ GENERAL b odn County signature(s)on the instrument the person(s)or ❑ ATTORNEY-IN-FACT the uon behlf of which 11 TRUSTE S QWmycor=.BPkwjanzmmacted,executed the upinstrument theperson(s) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: WITNESS my and and official seal, SIGNER IS REPRESENTING b� (NAME OF PERSON(S)OR ENTtTY(IES)) SIGNATURE OF&OTARY OPTIONAL SECTION — THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. 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. M. SI NATURES FOR PARTNERSHIPS - Sigm ng party must be either a general partner or be authorized in writing to have e authority to signor an m tie partners hip. IV. SIGNATURES FOR CORPORATIONS Documents should- eessigned by two officers,one from each of the following two groups: GROUP 1. ha)The Chair of the Board The President Any Vice-President GROUP 2. a The Secretary An Assistant Secretary The Chief Financial Officer R r 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 fromonl 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." rc:nm \\PWS4\SH ATA\ftDatilEngSvc\Forme\WORDFORMSVJLPURPOSENOTARY.doc BOARD OF DIRECTORS OF RODEO SENIOR APARTMENTS, INC. AUTHORIZING RESOLUTION RESOLUTION APPROVING AND AUTHORIZING THE ACQUISITION OF THE PROJECT SITE AND THE EXECUTION OF DOCUMENTS RELATING TO THE ACQUISITION AND FINANCING OF RODEO SENIOR APARTMENTS At a duly convened meeting of the Board of Directors of Rodeo Senior Apartments, Inc. , a California nonprofitublic benefit corporation (the "Corporation") , held on Au sT 14 2001, the following resolutions were adopted: WHEREAS, the Board of Directors discussed the acquisition of the 1 . 05-acre site on Willow Avenue in Rodeo, California, for the development of a 50-unit senior residential project known as Rodeo Senior Apartments (the "Project" ) ; - r WHEREAS, the Corporation or the Corporation' s sponsor EAH, Inc. applied for the following predevelopment, acquisition, construction and permanent loans and grants, which are to be made to the Corporation or assigned to the Corporation, for the purpose of financing the acquisition, construction, and operation of the Project : 1 . A predevelopment, construction and permanent loan from the Contra Costa County Redevelopment Agency (the "Agency" ) in an amount not to exceed $1, 500, 000; 2 . A CDBG/HOME loan from the County of Contra Costa in an amount not to exceed $2, 100, 000 ;' 3 . A FHLB Affordable Housing Program grant from Bank of America Community Development Bank in the amount of $217, 500; 4 . A grant from Bank of America Community Development Bank in the amount of $5, 000; 5 . A grant from the Cowell Foundation in the amount of $200, 000; and 6 . such other loans and grants in such amounts as may be necessary for all predevelopment activities and the acquisition, development, construction and operation of the Project; and WHEREAS, EAH has obtained certain financing, entered into certain contracts and agreements, and incurred certain costs relating to the Project, which should be assigned to and assumed by the Corporation; and Res--2ndloan Rodeo WHEREAS, it is deemed desirable and in the best interests of the Corporation to acquire the Project site, accept the above- referenced financing on the terms and conditions offered and/or required by the lenders, and assume the loans, grants, contracts, agreements and costs from EAH. NOW, THEREFORE, BE IT RESOLVED: That the Board of Directors hereby approves the purchase of the Project site from the Contra Costa County Redevelopment Agency pursuant to the DDLA between the Agency and EAH dated May 21, 1999, as amended. FURTHER RESOLVED: That the Board of Directors hereby approves all of the financing identified above. FURTHER RESOLVED: That all transfer and acquisition documents, all promissory notes, deeds of trust, security agreements, financing statements, loan agreements, regulatory agreements, residual receipt agreements, grant agreements, assignment of contracts and other agreements, other collateral loan, grant and other financing documents, -and all amendments, renewals and extensions thereof (collectively the "Acquisition and Financing Documents" ) required by any of the lenders of the above-referenced financing are hereby approved, subject to the approval of the final form and content of each Acquisition and Financing Document by any officer of this Corporation with the advice of counsel, which shall be evidenced by the execution of the Acquisition and Financing Documents . FURTHER RESOLVED: That the assignment to and the Corporation' s assumption of the Agency loan and grants made to EAH, all contracts and agreements made by EAH, and all costs incurred by EAH in connection with the Project are hereby approved. FURTHER RESOLVED: The Board of Directors hereby directs and authorizes the Corporation' s execution of all Acquisition and Financing Documents and all assignment and assumption agreements with EAH (the "Assignment Agreements") by one of the following officers of the Corporation: Name Office Joe Walsh President Roger C. Steiner Secretary Alvin Bonnett Assistant Secretary Judy Williams Assistant Secretary FURTHER RESOLVED: That upon the .execution of the Acquisition and Financing Documents and the Assignment Agreements, the Acquisition and Financing Documents and Assignment Agreements shall be delivered to the appropriate lenders, and when required by a lender, the Acquisition and Financing Documents and Assignment Agreements shall be recorded Res-2ndloan Rodeo with the Contra Costa County Recorder' s Office or filed with the Secretary of State, as the case may be. FURTHER RESOLVED: That any one of the above-referenced officers of the Corporation is hereby authorized and directed to take any and all actions as may be deemed necessary or required by the lenders to close the financing for the Project, to perform and carry out the obligations of the Corporation under the Acquisition and Financing Documents and Assignment Agreements, and to do all other things and make such payments as may be necessary or desirable for the purpose of rendering the Acquisition and Financing Documents and Assignment Agreements valid and binding obligations of the Corporation. FURT149R RESOLVED: That any one of the above-referenced officers of the Corporation is hereby authorized and directed to take any and all other actions as may be deemed necessary or required to develop and operate the Project, including entering into all other contracts and agreements necessary or desirable for the construction and operation of the Project, including without limitation obtaining completion and payment bonds and fidelity bonds . PASSED AND ADOPTED on , 2001, by the following vote : AYES : 3 NAYS : ABSENT: The undersigned, Secretary of the Corporation, certifies that the foregoing is a true and full copy of the resolutions adopted by the Board of Directors at the duly convened meeting on the date stated above, which have not been amended or repealed, and which are in full force and effect as of the date below. DATED: 31 2001 ecr ary Res-2ndloan Rodeo �. COUNTY OF CONTRA COSTA DEPOSIT PERMIT Per c�» OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER 2 �l (OWN-Hon) (Far Cash Collection Procedures see County Administrator's Bulletin 1€}5.) DESCRIPTION FUN©/©RG. ACCT. TASK OPTION ACTIVITY AMOUNT { i - 451 t PF 45 Do 61% , f , , u� } `1� Z)00330 ` 896 r• �vf/ 2 6,1 EXPLANATION: 6:10C—c 67/0 w / .S 3' 67 / 1 TOTAL $ r DEPOSIT I. r� 9 Desasit-erntsit"sllowing items tow I c c-7 7.4 q 01 3 0 f o�' �` 3 I ',0lb �i/t� t£CNN and GURREE!£Y,f $ �21, 25 o b l o 7x c,6-..x ( J -lot 309, 09 '`j&b b BANK DEPOSITS FOR AUDITOR-CONTROLLER USE ONLY Z a j I L.7 F_y ? fi x DEPOSIT PERMIT DP NUMBER DATE 376037 POT 101 ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of ab mount is here" deposit into the County Treasury. acknowledge Signed: /r Signed: Signed: s i Title: F EXT. '" De p Coun for Deputy County T'asurer D-34 REV.(7-93) COUNTY OF CONTRA COSTA ? DEPOSIT PERMIT .; �. OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ,�- ORGANIZATION NUMBER (o/rowi-smlijdw,),y (For Cash Collection Procedures see County Administrator"s Bulletin 105.) DESCRIPTION FUND/GRG ACCT TASK OPTION ACTIVITY AMOUNT I i I .. I a I i E I I i r I I I I EXPLANATION: TOTAL $ r DEPOSIT Deposit consists of the fpflawing items COIN and CURRENCY $ CHECKS,M 0 STC $ . BANK DEPOSITS FOR AUDITOR-CONTROLLER USE ONLY DEPOSPERMIT DP 7 6 U NUMBER DATE /0 / 8 1 0 ASSIGNED -- --�The amount of money described above is for Treasurer's receipt of above amount is approved Receipt of above amount is hereby: deposit into the County Treasury. acknowledgdd. `*`f - —Date i pASigned: Q 0", VIA1 r e. 1P L r f 4V EXT ' ' Depu tmty Audito Sided. + Deputy County Treasurer D-34 REV,(7-93) 0649-9665 / 831000: 01061260, $8,620.00, bP3001-99, Metropolitan Life Insurance Co, One North Broadway, Ste 500, White Plains, NY 10601 0649-9665 / 831000: 01061261< 5,150.00, Encroachment Permit SR4004, R & 0 Construction, 933 Wall Ave, Ogden, UT 0649-9665 / 831000: 01061263, $500.00, Record of Survey, 852599, Bravo Building Co Inc, 539 Garcia Ave, Ste A, Pittsburg, CA 94565 06499665 / 831000: G1061264, $500.00, Record of Survey, 852602, Kelly - Son & Associate General, 5848 Mitchell Canyon Ct, Clayton, CA 94517-1335 819800: G1061262, $1,100.00, MS 18-98, EAH/Martin Mackey beve Fund, 2169 E Francisco Blvd, Ste B, San Rafael, CA 94901 1 V � Subdivision: Rodeo senior Housing I'roject Bond No.: RED1086127 IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance, Guarantee and Payment) (California Government Code§§ 66499-66499.10) 1. R IITAL OR SVBDIVIst cREEMENr: The developer(principal)has executed a subdivision agreement with the County of.Contra Costa to install and pay for street, drainage and other improvements in Subdivision NS 980018 .as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement,all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map for said subdivision. 2. OBLIGATH)N: Rodeo Senior Apartments, Inc. as principal and Redlandnse}rance Company a corporation organized and existing under the laws of the State of Iowa and authorized to transact surety business in California, as surety, hereby Jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance and Guarantee: One hundred nine thousand two hundred and no/100--- Dollars ($ 109,200.00,-, „1 for Contra Costa County or any city assignee under the above County Subdivision Agreement. B. payment: fifty four thousand six hundrdd and no/100------------- Dollars ($ 54,600.00 „�to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of California. 3. CM TION: A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded principal, or principal's heirs,executors,administrators,successors or assigns,shall in all things stand to and abide by and well and truly keep and perform the covenants,conditions and provisions in the said agreement and any alteration thereof made as therein provided, on it or its part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning and shall indemnify and save harmless the County of Contra Costa (or city assignee)its officers, agents and employees,as therein stipulated,then this obligation shall become ,null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,all to be taxed as costs and included in any Judgement rendered. B. The condition of this obligation, as to Section (2.B.) above, is such that said principal and the undersigned, as corporate surety, are held firmly bound unto the County of Contra Costa and all contractors,subcontractors, laborers, material men and other persons employed in the performance of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials furnished, labor of any kind, or for amounts due under the Unemployment Insurance Act with, respect to such work or labor and that said surety will pay the same in an amount not exceeding the amount herein above set forth and also, incase suit is brought upon this bond,will pay, in addition to the fact amount thereof,reasonable costs,expenses and fees, including reasonable attorney's fees, incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation, to be awarded and fixed by the court, all to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under conditions of this bond be fully performed,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the principal and the County of Contra Costa(or city assignee) shall relieve the surety from liability on this bond;and consent is hereby given to make such alteration without further notice to or consent by the surety;and the surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound without regard to and independently of any action against the principal whenever taken. SIGNED AND SEALED on October 11, 2001 PRINCIPAL: Rodeo Senior Apartments, Inc. SURETY: Redland Insurance Companly- Address: 2169 E. Francisco Blvd. , #B Address: 350 Sansome St. , #1000 City: San RafaeCA Zip: 94901 City: San Frnacisca, CA Zip: 94104 (J4�— Print Name: {{ Al v;hys,,�n raft Print Name: Lisa M. Lucas Title: , -k�J Title: Attorney-in-Fact )D:mw:lap G:\GrpDa%\EngSvc\Forms\BN WORD\BN-12.doc Rev.November 29,2084 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of CALIFORNIA County of ALAMEDA On October 11, 2001 before me, VERONICA RFIMIREZ y DATE NAME,TITLE OF OFFICER-E.G..-JANE ME,NOTARY PUBLIC personally appeared LISA M. LUCAS NAME(S)OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and_officiai seal. A 1) SIGNATURE OF N OPTIONAL Though the data below is not required by taw,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 Tis? ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL El ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIANdCONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAIL OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION-8238 Remmet Ave.,P.O.Box 7184-Camp Park,CA 91309-7184 CALIFORNIA. ALL-PURPOSE ACKNOWLEDGEMENT State of ca ! t t)r 111 OPTIONAL SECTION County of (1 r 1 A + c� (� CAPACITY CLAIMED BY SIGNER On — �--)b() before., V• f �Un I t 7 ` A I i Though statute does not require the Notary to fill in DATE /� NAI E,TITLE OF OFFICER E.G.,-JANE DOE,NOTARY PUBLIC" the data below,doing so may prove Invaluable to personally appeared ht 1 y t 17 n� rye--tf persons relying on the document. /n�x NAMES)OF SIGNER(S) 0 INDIVIDUAL personally known to me-OR-0 proved to me on the basis of satisfactory evidence to 0 CORPORATE OFFICER(S) be the person(s)whose name(s)is/an TITLF(s) subscribed to the within instrument and acknowledged to me that he/sh64iwy executed E.S.FOND 0 PARTNER(S) 0 LIMITED commission#1206754 the same in his/keeMbsir authorized 0 GENERAL capacity(ies),and that by his/herAheir ❑ ATTORNEY-IN-FACT Notary PUbiiC-California signature(s)on the instrument the person(s)or 0 TRUSTEE(S) >~dtirtn County r the entity upon behalf of which the person(s) MyComm. lem2,2aXi acted,executed the instrument. D GUARDIAN/CONSERVATOR 0 OTHER: WITNESS my hand and official seal, SIGNER IS REPRESENTING: Yt+PF N (NAME OF PERSON(S)OR ENTrrY(IES)) IG AT F NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. II. SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. M. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have e authority to sign or an In a partnership. IV. SIGNAD=S FOR CORPORATIONS Documents should e signed by by two officers,one from each of the following two groups: GROUP 1. MaThe Chair of the Board The President Any Vice-President GROUP 2. a The Secretary An Assistant Secretary C 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: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." lomw \tPWS4%HARDATAIGrpDafa\EnaSvc\ForralWORD FORMSiALL PURPOSE NOTARY.doc k� t ( �, 4L:y t�kY ;, S Y� •�ta. f`t l't ! v+. v Tut * j JS. p ,r L' ( � 5 a44r 'j l ~4 $ 4 i r• $, , } , r `� .C",•P -fir Y :�� .*�. �'Y�S�� i4k+K+. *.�l'xxi.t,�?a6 d" v>:. 2,�."tl TP3,,..'S�13 `' '1� � � ��.r # �•i �,+9i•d.�t-;".w:cx- »Y 4•..::r K+'w`vtr-,ro- ar�.:..�v cw»..s>....+, t. ,r...wWtl ...a•.,.,nv K.�•I"w-4..t-i_ .tV a..h- ....w.,a.� -bV6�6A-N-M1 _ '_— _ _,�_..rsr„3`'xm ""q ..- REDLAND INSURANCE COMPANY POWER OF ATTORNEY ' r RED 1t81iE , KNONV ALL MEN BY THESE PRESENTS,THAT REDLAND INSURANCE COMPANY does hereby make,constitute an 'appoint } S.RICHARD STINSTCIN*VERONICA RAMIREZ+ANDREW H.KAMMERER.+LISA LUCAS OF PLEAgANT'OI�,CALIFORriIIA ;+ its true and lawful Attorney-in-Fact,to make,execute and deliver on its behalf Surety bonds,undertakings and other instruments of',similar nature r } as follows: WITHOUT LIMITATIONS AS TO TYPE AND AMOUNT. d ! This::Power of Attorney is granted and sealed under and by the authority of the following Resolutiori adopted by the Board of Directors ofthe 'i % Corriparty on the,18°'day ofOctober,1993. "RESOLVED,that the Chairman of the Board,the President,an Executive Vice President or a Vice President be,and that each of them is,% authorized to execute Powers of Attorney qualifying the Attorney-in-Fact named in the given Power:of Attorney to execute to behalf of the Company,.bonds,undertakings and other instruments of similar nature,and said officers may rename any such Attorney-m-Fact or"agent`and revoke any Power of Attomey previously granted to such person. i€ FURTHER RESOLVED,that an Assistant Secretary be,and that each or any of them hereby is,authorized to attest°the execution ofany such ` Power of Attorney,and,to attach thereto the seal of'the Company. FURTHER RESOLVED,that the signatures of such officers and the seal of the Company may be affixed'to any such Power of Attorney d?to { any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsirnile sighatdres or f ieNmile seal shall i� ) be binding upon the company when so affixed and in the future with respect to any bond,undertaking or instruments of similar nature td,Whrch if #'11¢ ” is attached... k IN WITNESS WHEREOF,REDLAND INSURANCE COMPANY has caused its official seal to be hereunto'af'tixed,`and these presents to be signed by its President this 15th day of September,1999. Attest: REDLAND INSURANCE COMPANY s�1f11AJyt` }% BY 1.014� a r w 10, PETER A.KNOLLA �O�P.aNELS�ONyry2R n 1 Secretary President I STATE OP IOWA } } s.s.: Council Bluffs COUNTY OF POTTA'WATTAMIE } t!s <•' ,:) On this 15"`day of September,1999 before me personally came John P.Nelson,to me known,who being hy'me.duly sworn,did depose and say that he is President of REDLAND,INSURANCE COMPANY the corporation described in and which eitecuted"the;aboveiinstrument that he knows the sealof the said corporation,that the seal affixed to the said document is such corporate seal;that it was"sb atxedy order'b the Board of Direetors of said corporation and that he signed his name thereto by like order. ea di+ r ml 4� JEANETTE ALDREDGE ;' yt *, My.00MMJS8J0Nr EXPIRES JEANETTE ALbkEDGE �> �o�ir►, 3-15-2002., NOTARY'013131-J& My Commission Expires Marchrt5,2002 }iE4 i i,the undersigned,Vice President of REDLAND INSURANCE COMPANY an Iowa corporation;DO HEREBY CERA IFY.tha the foibgomg bfj } and attached Power of Attorney remains in full force and has not been revoked;and furthermore that the Re;elution of°:the Board of Dltftetdrs stir ? ` y , forth in the said Power of Attorney,is now in force. j > ; r Signed and sealed at the city of Council Bluffs,in the State of Iowa,dated the 11th day of OCtOI9�' ©!E1 � \ �L l JOHN SVOIW15A 'Vice Pre§ident :s THIS DOCUMENT ISNOT VALID UNLESS PRINTED ON GREY SHADED BACKGROUND WITH A REL7 SERIAL NUMBER ll l4E �r I `'t UPPER EIGHT HAND CORNER. THE BACK OF THIS DOCUMENT CONTAINS AN ARTIFICIAL WATtRMARK MOLD AT ANGLE TO VIEW. IF YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT ``YbU AR, URGED �rTO CONTACT OUR POWER OF ATTORNEY CUSTODIAN AT 1-8170-394-7806, REV 10/94 w, i p , �.p�' 9 ... ...fo�'�` '�•.:g '� K K 4 '. ��"r�f:,.�: �..w� � P.:..�" �Y.� �5'.� y �' .fid: