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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-701 t THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on November 5,2002 by the following vote: AYES: SUPERVISORS UILKEMA, GERBER, DESAULNIER, GLOVER, AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.2002/701 SUBJECT: Amending Subdivision Agreement, Subdivision 8262,Alamo Area.. (District M) The Public Works Director reports that the original secured improvements are 95%complete and that this substitute security will secure the remaining 5%and the new improvements as shown on the revised plans stamped on August 28, 2002 by the Public Works Department. The following substitute security to guarantee the road and drainage improvements as required by Title 9 of the County Ordinance Code was presented for Board approval this date: Security with Sherman Ranch L.L.C. as principal in the form of a corporate surety bond (Bond No. 1848096, dated July 31, 2002) and issued by Insurance Company of the West. The security guarantee details are as follows: Bvcw G:\GrpData\EngSvc%0\2002\11-05-02\SUB 8262 BO-23.doc Originator: Public Works(ES) Contact: Rich Lierly(313-2348) I hereby certify that this is a true and correct copy of an action c: Director of Conmumity Development taken and entered on the minutes of the Board of Supervisors on Public Works Accounting the date ShOWn. (Tax ID#943300943) Construction P.Edwards,Engineering Services T—9-05-03 Sherman Ranch,LLC ATTESTED: NOVEMBER 0542002 4456 Black Avenue,Ste.200 JOHN SWEETEN,Clerk of the Board of Supervisors and Pleasanton,CA 94566 Insurance Company of the West County Administrator Branch Surety 11445 El Camino Real San Diego,CA 92130-2045 BY Deputy American Cofactors Indemnity Company c/o Sha+v&Hren,Surety Bond Agents 2247 San Diego Ave.,Ste.135 San Diego,CA 92110 RESOLUTION NO.2002/ 701 SUBJECT: Amending Subdivision Agreement, Subdivision 8262,Alamo Area. (District III) DATE: November 5,2002 PAGE: 2 A. Cash Bond Performance Amount: $2,000 Auditor's Deposit Permit No. 391754 Date: August 21, 2002 Submitted by: Sherman Ranch L.L.C. Taxpayer's Identification Number: 94-3300943 B. Surety Bond Bond Company: Insurance Company of the West Bond Number: 1848096 Date: July 31, 2002 Performance Amount: $175,300 Labor&Material Amount: $88,650 Principal: Sherman Ranch L.L.C. NOW THEREFORE BE IT RESOLVED that the Subdivision Agreement approved by the Board on May 23,2000,is hereby AMENDED to allow substitution of the above-mentioned corporate surety bond in place of the existing surety bonds with American Contractors Indemnity Company(Bond No. 89138, dated October 14, 1999). BE IT FURTHER RESOLVED that the original security bond with American Contractors Indemnity Company(Bond No. 89138,dated October 14, 1999)is herebyRELEASED. BE IT FURTHER RESOLVED that the Public Works Director is AUTHORIZED to refund the$2,800.00 cash deposit(Auditor's Deposit Permit No.349201,dated April 28,2000)plus interest in accordance with Government Code Section 53079, if appropriate, to Sherman Ranch L.L.C. All deposit permits are on file with the Public Works Department. RESOLUrI0N NO. 2002/701 s • a �r �. s R! ON Ii POEM MEN No 0 . Deposit cordists of the,fofia7w�ing � ,, 1► �" mw Dtpow ) OR ,t f I • MPOSIT Mw fPERNT R . DATE 191154 IUI�1_121 ASSrxt%ED 000649-9665 / 813000: 61093880, $114.684.00, RA 1123 Landscape Inspection Deposit, Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 000649-9665 / 813000: 62093882, $58.108.00, DA 0009/10 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place #310, San Ramon, CA 94583 000649-9665 / 813000: G1093884, $111,724.00, PA 0001 Landscape Inspection Deposit, Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: 61093865, $8,2,91. , RA 1124 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: G2093867, $1,000,00, SUB 8619 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: 61093869, $2,170,00, RA 1133 Road Acceptance Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583 819800-0800: 61093871, $1,000.00, SUB 8155 Landscape Improvement Cash Bond, Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: 61093872, $1,000,00, SUB 8153 Landscape Improvement Cash Bond, Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583 819800-0800: G1093875, $1,000,00, SUB 8618 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: 61093877, $2,000.00, SUB 8262 Cash Bond, Sherman Ranch LLC, 4456 Black Avenue, Suite#200,Pleasanton,CA 94566 819800-0800: G1093879, $1,000,00, SUB 8156 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: G1093881, $14,273.00, RA 1123 Landscape Improvement Cash Bond, Windemere 8LC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: 61093883, $7,201, , DA 009/10 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583 819800-0800: G1093885, $13.903.00, PA 0001 Landscape Improvement Cash Bond, Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583 - 000678-9191 / 818800: 61094084, $706.500.00, SPRW EBMUb Easement, Placer Title Company/Escrow Trust Account, 1981 N. Broadway, Ste. 100, Walnut Creek, CA 94576 000678-9191 / 818800: 61094085, $72,834.00, SPRW EBMUb Temporary Easement, East Bay Municipal Utility District, Accounts Payable, PO Box 24055, Oakland,CA 94623 000649-9665 1813000: 61093858, M. , RS 2695 Record of Survey Map Check Fee, Bud LaVerne b Rosalia Simmons, 3859 Joan Avenue,Concord,CA 94521 000649-9665 / 813000: 61093859, $500.00, RS 2694 Record of Survey Map Check Fee, DeBolt Civil Engineering, 811 San Ramon Valley Boulevard, Danville, CA 94526 000649-9665 181300fl: 61093860, BOO, RS 2693 Record of Survey Map Check Fee, Patricia S. Mendell,92 Lucille Way, Orinda,CA 94563 000649-9665 / 813000: C71093861, $500,00, RS 2696 Record of Survey Map Check Fee, RBF Consulting, 1981 North Broadway, Suite 235, Walnut Creek,CA 94596 000649-9665 / 813000: 61093862, $500,Ot7, RS 2697 Record of Survey Map Check Fee, Robert W. Randles&Ling Ling Li, 1 Chapparal Place, Orinda,CA 94563 000649-9665 / 813000: 61093864, $66,828.00, RA 1124 Landscape Inspection Deposit, Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583 000649-9665 / 813000: 61093866, $5,000.00, SUB 8619 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583 000649-9665 / 813000: 61093868, $13.365.00, RA 1133 Road Inspection Acceptance, Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 000649-9665 / 813000: 61093870, $5,000.00, SUB 8155 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583 000649-9665 / 813000: 61093873, $5,000,00, SUB 8153 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583 000649-9665 / 813000: G1093874, $5,000, , SUB 8618 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583 000649-9665 / 813000: 61093876, $5.000.00, SUB 8156 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583 000649-9665 / 813000: 61093878, $11,478.00, SUB 8262 Inspection Fee Deposit, Sherman Ranch LLC,4456 Black Avenue, Suite#200, Pleasanton,CA 94566 Subdivision: 8262 - Lota 5 Bond No.: _ 184 80 96 Premium: $4,006.00 for the initial two year term and $2,003.00 annually thiIMPROVEMENT SECURITYB fter. FOR SUBDIVISION AGREEMENT (Performance,Guarantee and Payment) (California Government Code §§ 66499 -66499.10) 1. ;RENTAL of SuBnIVIrsm AGRE MENT: The developer(principal)has executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and other improvements in }subdivision 8262 Lots 566_.as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement, all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map for said ;subdivision. 2. 3nIGATION: SHERMAN RANCH, LLC as principal and INSURANCE COMPANY OF THE WEST i, a corporation organized and Owisting under the laws of the State of CALIFORNIA and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, Administrators, successors and assigns to the County.of Contra Costa, California to pay as follows: t. Performance And Guarantee: ONE HUNDRED SEVENTY FIVE THOUSAND THREE HUNDRED------ Dollars($ 175,300.00 ) for Contra Costa County or any city assignee under the above County Subdivision Agreement. 13. Payment: EIGHTY EIGHT THOjISAND SIX MMRFD FIFTY------------------------ Dollars ($, 88,650.00 )to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division ICI of the Civil Code of the State of California. 3. QNDITION: L 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 holy 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 attomey's fees, incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation, to be awarded and fixed by the court, all to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under conditions of this bond be fully performed,then this obligation shall became null and void; otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the principal and the County of Contra Costa(or city assignee)shall relieve the surety from liability on this bond;and consent is hereby given to make such alteration without further notice to or consent by the surety-,and the surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound without regard to and independently of any action' against the principal whenever taken. SIM12 AND SEALED on - . JULY 31, 2002 PRINCIPAL: SHERMAN RANCH, LLC SURETY: _INSURANCE COMPANY OF THE WEST Branch Surety Addma: 4456 Black Ave. , Ste. , 200 Address: _11445 V1 Camino 1t _n1 City: >Plaag$ 94566 City: San Diego, CA Zip: 2130 2045 By . ". ... (858) 350®2900 Print 1iame• t'9urc t Mo KS Print Name: Jerome L. Hren Title: Title: Attorney-in-Fact GAGM1 W%VSWW0MW%SN WORri1BW-12.4oe Rev.NoM*W 2t.2000 No. 0001417 ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KN:)W ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California,The Explorer Insurance Company,a Corporation duly organized under the laws of the State of Arizona,and Independence Casualty and Surety Company,a Corporation dul-j'organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint JEROME L.HREN,JERRY H.J.SHAW the , true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings, and other similar contracts of suretyship,and any related documents. IN WITNESS WHEREOF,the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January,2001. re„ ta�►e »�f INSURANCE COMPANY OF THE WEST ®4.}s ytA nA THE EXPLORER INSURANCE COMPANY d 'SEAL INDEPENDENCE CASUALTY AND SURETY COMPANY John H.Craig,Assistant Secretary John L.Hannum,Executive Vice President State of California Couity of San Diego SS• On January 16,2001,before me,Narma Porter,Notary Public,personally appeared John L.Hannum and John H.Craig,personally known to me to be the rorsons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by their;signatures on the instrument,the entity upon behalf of which the persons acted,executed the Witness my hand and official seal. MOAMA-..POIA R COMM.#12S7I 0 NOTARY PUB��LIC-UAUFORMA MARCH t9.�t�t7i Norma Porter,Notary Public RESOL'U'ITONS ThisTower of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Hoards of Directors of each of the Companies: "RESOLVED: That the President,an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant Secretary,aro hereby authorized to execute Powers of Attorney appointing the porsan(s)named as Attorney(s)-in Fact to date,execute,sign, seal,and deliver on behalf of the Company,fidelity and surety bonds,undattkings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer oartifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,maybe facsimile representations of those signatures and wale,and such facsimile representations shall have the same force and affect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying.. CERTIFICATE 1,the: Assistant Secretary of Insurance Company of the West,The Explorer Insurance Company,and Independence Casualty and S hereky certify that the foregoing Power of Attomey is in full force and effect,and has not been rave Surety Company'do resp,:five Hoards of Directors of the Companies,and ars now in full force. .and that the above resolutions were duty adopted by the IN V ITNESS WHEREOF,I have set my hand this 31 s t day of_ JULY 200 2 John H.Craig,Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the ak�ove named Individual(s)and details of the bond to which the power is attached. For information or filing Claims,please contact Surety Claims,ICW Group, 1145:;El Camino Real,San Diego,CA 92130-2045 or call(858)350-2400. �:AL 1FORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On July 31. 2002 before me, Jennifer Hren, Notary Public , Data Name and T111e of o9loer(e.g.,'Jane Doe,Wary Pubkj personally appeared Jerome L. Hren Nama(s)of SV*ge) IN personally known to me–OR–❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/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), JENNIFER WREN or the entity upon behalf of which the person(s) acted, COMM. #1205304 executed the Instrument. NOTARY PUBLIC-CALIFORNIA > ► SAN DIEL©COUNTY t my commission Expires � 'WITNESS my hand and official seal. DECEMBER 19,2002_1 "A" Lt--� 5tgnature of Notary Pubkb 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: Improvement Security Bond for Subdivision Agreement- Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Jerome L. Hren Signer's Name: Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner®❑ Limited ❑General ❑ Partner—0 Limited ❑General IN Attomey-in-Fact ❑ Attomey-in-fact 0 Trustee 0 Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator 0 Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: Insurance Company of the West PF 0 1994 Natanal Notary Associallon•8238 Aemmet Ave.,P.O.Box 7184•Canoga Park,CA 91309.7184 Prod.No.5907 Hoarder.Cap Toll-Free i- -d76-6827 NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA )ss COUNTY OF ALAMEDA } On August 14, 2002 , before me, J. STANFIELD; a Notary Public in and for said State, personally appeared GARY iggoaxs- - _ Y PP personally known to me (or proved to me on the basis of satisfactory.evidence)to be the persons) whose narrie(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his%herltheir 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 persons) acted,-executed the instrument. WITNESS my hand and official seal. J. STANFIELD 90 Signature nature Q NOTAY COMM,LfC�CAt�FURI ALAMtbA COUNTY 0 W .0MM. P.JAN.15,2004 i - Mft sew far ratwLW sW) OPTIONAL: _ DESCRIPTION.OF ATTACHED DOCUMENT - IMPROVEMENT SECURITY BOND FOR SUBDIVIB ?WT Title or Type of Document Date of Document - N®TAW.BIK ice ) COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNT`!AUDITOR-CONTROLLER TO THE TtMASURER MARTINEZ,CALIFORNIA RECEIVECt FROti1 ORGANIZATION NUMBER `I `�'` L � (ores ) For Cash Collection Procedures sea ( County Administrator's,Elulfahri 105.) _ DESCRIPTION FUND/ORG. SUEL TASK OPTION ACTMTY. AMOUNTACCT. 156 .16,673 qj J j - 40 IT - P , t r� u x t3 f� #w1 I; EXPLANAfi7N TOTAL S r: DEPOSIT `:. 'f �4. 11 +3t7 ;. pepesit cams is Of the fongw►ng item ku*it » I pq COIN'a� .CURRENCY tz rE us g 4 : ? .oma y dl.1r03 j tri 3- ? "t i A L`r tr►A# a7s.7� L 7 t3.� CHECK5,'h r.ETC i `t s BANK DEPOSITS $' F1'�R.AUVTMwCONTRMER USE ONLY' �} DEPOSIT PERMITNUMBER:. DATA ASSIG NED The amount?7f y descnlwd above is for Tn�st"A receipt of above amount is approved :' Receipt, amount it heireby depose"into the County Treasury ac Signed Dote.. Si /2L Title�� EXT. ,J .Signed Depbty busty Auditt+f, Deputy C Treasurer j D-34REY(7 93J E . ,�-yf'-1J� ' G�.'syc.-�r-d'C �J .�c�:'L,C�.;' `v'L/lta-�..l✓ C�tsa�.�a(E! �.t .r.../,� siGy' COUNTY OF CONTRA COSTA DEPOSIT PERMIT ' 07 OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE T2EASURER: MARTINEZ,CALIFORNIA RECEIVED FROM 7 'L S o °' ORGANIZATION NUMBER (For Cash Collection Procedures see County Administrator's Bulletin 105.). DESCRIPTION FUNDJORG SUB.ACCT, TASK ACTIVITY ACTTY AMOUNT . r ..:..r .'. .. r . .. :}.l r< ..r r>r i r r, " r 1, 'k. 1 EXPLANATION TOTAL DEPOSIT :r _. Deposit cons.of tiw foAbwing.iterrts: CCH and CURRENCY . CHECKS,M Q:,ETC.. $ BANK C3EPOSIT5 i=OR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT - f l' f NUMBER �—� DATE'.. ASSIGNED : The amonmt.4 money described obare a for Treasurer's receipt of above amount is approved Receipt of'abo4e amount is Hereby depose into the County Tleasur}: acknowledged 5ned. _a Dana r • Santk s'_ Signed TitleELDeputy COUrtY Deputy County Treasurer D-34 REV.i7-93y 01. � �� 831000: $16,136.00, G1038314, SUB 8262, Inspection fee, Sherman Ranch LLC, 4456 Black Ave, Ste 200, Pleasanton, CA 94566 812100: $19,242.00, G1038314, SUB 8262, drainage deficiency fee, Sherman Ranch LLC, 4456 Black Ave, Ste 200, Pleasanton, CA 94566 819800: $2,800.00, 61038314, SUB 8262, ,Sherman Ranch LLC, 4456 Black Ave, Ste 200, Pleasanton, CA 94566 '>t Subdivision: 8262 Sherman Manch) Bond No.: 138 Premium: $5,560.00 for initial two year term IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT U (Performance, Guarantee, and Payment) (California Government Code §§ 66499 - 66499.10) 1. RECITAL OF SuBDtylsloty AGREEMENT: The Principal has executed an agreement with the County to :install and pay for street,drainage, and other improvements in Subdivision 8262 (Sherman Ranch) 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 the Final Map or Parcel Map for said "Subdivision. 2. DBL gATIUN: Sherman Ranch, LLC as Principal,and American Contractors Indemnity Comvany ,acorporation organized existing under the laws of the State of California , and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns to the County of Contra Costa, California to pay it: A. Performance and Guarantee#*Two Hundred Seventy Eight Thousand******($278,000.00 for itself or any city assignee under the above County Subdivision Agreement,plus B. Payment: One Hundred Forty Thousand Four Hundred and N01100 Dollars($ 140,400.00 1 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. CoNDrims. A. The Condition of this obligation as to'Section 2.(A)above is such that if the above bonded Principal, his or its heirs,executors,administrators,successors or assigns,shall in all things stand to and abide by, and well ,and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on is 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 costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the undersigned as corporate surety are held 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 famished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceedi;tg the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee)in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this 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 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. SIH AND SEALED ALED on October 1.4, 1999 PRINCIPAL: _Sherman Ranch, LLC SURETY;American Contractors Indemnity Compgn, c/; NEW Hren, 95rety Bond Agents Address: 4456 Black Avenue, Ste. 200 Ad : 2247 San Diego Ave., Ste. 135 City: Pleasanton 94566 City: San Die ,o �Zip: 92110 By: '`' By: PrintName: Print Name: Jerome L. then Title: Title: Attorney-in-Fact :tom Q:-41pDst$kft99VT-WOMWMN WORMS14-12.doc Rsr.isms I i IM CAL FORNIA ALL-PURPOSE ACKNOWLED43MENT State of California County of _ San Diego On _ 10/14/99 before me,_ _Melanie Anderson, Notary Public Data Name ami Ytw or o91w►{0.9.,Jarw 006,Wotan ruble)r personally appeared Jerome L. Hren t t Narna(s)co aw"s) ' E personalty 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 nd acknowledged to me that he/she/they executed the MELANIE AiyDER N ame In his/herAheir authorized capacity(les),and that by COMM. #1230776 s/her/their signature(s)on the Instrument the person(s), U i NOTARY KWIC-CAUFORMA J r the entity SAN olEGO CO= upon behalf of which the person(s) acted, My Commission�Pkes y xecuted the Instrument. AUGUST 27,2003 WITNESS my hand and official seal. d Nalary PubNa OPTIONAL 7hoWh the information below is not required by law,it may prove vahmble to persons rettft on the docanlent and could prevent fraudulent removal and reattachment of this form to another dwument. i Description of Attached Document Title or Type of Document:.. Subdivision Improvement Bond No. 89138 Document Date:------10/14/99 Number of Pages: 1 Signer(s)Othgr,Than Named Above: Capaclty(les) Claimed by Signer(s) Signer's Name: Jerome L. Hren Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑General ❑ Partner ❑ Limited ❑General ISI Attorney-in-f=act CJ Attorney-in-Pact ❑ Trustee ❑ Trustee C7 Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Tot,of thtwnb two ❑ Other: 7pof - hm 1t Signer Is Representing: Signer Is Representing: American Contractors Indemnity Company 0 1994 N1*)n t Notary Assockd1on•WX Ramnat Ave.,P.O.Baa 7184•Carps Park,CA 91310.7184 Prod me.SON P4ardar:Cap T01W as 1 7 M AMERICAN CONTRACTORS INDEMNITY COMPANY Los Angeles,California POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS INDEMNITY COMPANY, a California Corporation(the"Company"),and having its principal office in Los Angeles,California does hereby constitute and appoint: Jerome L.Hren of San Diego,California as its true and lawful Attorney(s)-in-fact,in amount of.S 600,000.00 .to execute,seal and deliver for and on its behalf as,surety any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the naMre thereof which are or may be allowed,required orpermitted by law,statute,rule regulation,contract or otherwise,and the execution of such instruments in pursuance of these presents, shall be as binding upon the said AMERICAN CONTRACTORS INDEMNITY COMPANY, as fully and amply, to all,intents and purposes, as if the same had been duly ex .uted and acknowledged by its regularly elected officers at its principal office. 4 Thi3 Power of Attorney is executed,and may be certified to and may be revoked, pursuant to and by authority of resolutions adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY, at a meeting called and held on on le 6th day of December, 1990. RE IOLVED that the Chief Executive Officer,President or any Vice President,Executive Vice President,Secretary or Assistant Secretary,shall have power and authority. 1. To appoint Attorney(s)-in-fact and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove,at any time,any such Attorney-in-fact and revoke the authority given. RE''OLVED FURTHER that the signature of such officers and the seal of the Company may be affixed to any such power of attctney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such fac-mmile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with resect to any bond or undertaking to which it is attached IN WrINESS WHEREOF, AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer this 30th day of SiRtetnber 19 97 ZW►tt0,� AMIIItICAN COMA OOWANY 2 s�res rcI3 STATE OF CALIFdRNIA Y CUUNTY OF LOS ANGELES And;Faust.F; ident On, er 30„ before me, B, Ca' dee personally appeared Andy Faust per 3na yknown to me to be the person whose is subscribed tote within instrument and acknowledges me Nat he exomted the same in his authorized capacity, and that by his signature on the instrument the person,or the entity upon behalf of which the person acted, executed the instrument. VMNESS my hand-grid official seal. CAN= fiAXWV*dm#109891 lefty Pum—cdowft 110wCORM11111 21L2= CERTIFICATION I tlx undersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do herebyycertify b that I have compared the Fore;oing copy of tl�,e Power of Attorney and affidavit,and the copy of the resolution adopted by the Board of Directors of said C d.s.any as set fortrthh in said Power of Attorney, with the ORIGINALS ON PILE IN THE HOME OFFICE OF SAID COMPANY, and;:;that same are correct transcripts thereof and of the whole of the said originals,and that the said Power of Attorney has riot been revoked and is now in full force and effect. IN TESTIMONY WHEREOF,I have hereunto set my hand this 14th day of October , 19 99 Arml Ilatur ute%Sot duy { AMERICAN CONTRACTORS INDEMNITY COMPANY 9841 Airport Boulevard, 9' floor, Los Angeles CA 90045 (310)649-0416 SURETY BOND INCREASE OR DECREASE PENALTY RIDERS Bond Number: 89138 Premium: $5,632 for the initial two year term and$2,816 annually thereafter. Description of Bond: Improvement Security Bond for Subdivision Agreement for Performance and Guarantee and Payment for County of Contra Costa Tract 8262(Sherman Ranch). Know all men by these presents that we: SHERMAN RANCH.LLC as Principal and AMERICAN CONTRACTORS INDEMNITY COMPANY , as Surety in favor of CONTRA COSTA COUNTY.CA , Obligee do hereby,jointly and severally, change the penal amount of this bond from Two Hundred Seventy.Eight Thousand dollars {$278.000.00 } to_Two Hundred EighV One Thousand Six Hmd1cd, dollars($JUCW, for Performance and Guarantee, effective from the 14"' day of October. 1999 . And, from One Hundred Forty.Thousand Four Hundred dollars($140,400.00)to One Hundred Forty Two Thousand Two Hundred dollars (,&142.200.00) for Pa en effective from the _14'day of October" 1999. . The continuity of coverage under said bond subject to changes in penalty shall not be impaired hereby, provided that the aggregate liability of the said Principal and Surety shall not exceed the amount of liability assumed at the time the act and/or acts of default were committed and in no event shall such liability exceed the larger of the above mentioned sums as set forth for Performance and Guarantee and Payment respectively Signed and sealed this I It' day of AphL 2000. Accepted: Principal: Sherman Ranch. LLC The above is hereby agreed and accepted this day of 2000 By: Gary Brooks, managing member Contra Costa County Obligee Surety: American Contractors Indemnity By. (Title) By: �---°--- Jerome L. Hren, Attorney in fact American Contractors indemnity Company Las Angeles,California POWER OF ATTORNEY q0, ,A KNOW ALL MEN BY THESE PR13SENTS:That AMERICAN CONTRACTORS INDEMNITYCN California Corporation (the ComIaany ),and having its principal office in Los Angeles,California does hereby constitute and grijht: a Jerome L. Wren of San Diego, California as its true rind lawful Attorneys)-in-fact,to amount of 1600.000.00 ,to execute,seat and deliver for and on its behalf as surety,any and all boons and undertakings,recognizances,contracts of Indemnity and other writings obligatory in the nature thereof,which are or may be allowed;required or permitted by law,statute,rule,regulation,contract or o0ierwise,and the execution or such Instrument(s)in pursuance of these pi i:serits,shall be as binding upon the said AMERICAN CONT'RAC`TORS INDEMNITY COMPANY,as fully and amply,to all intents enc€purposes,as if the same had been duly executed and acknowledged by.iis regularly elected officers at Its principal office. 'Deis Powe of Attorney is executed,and may be certified to and may be revoked,pursuant to and by authority of resolutions adopted by the Board of Direcims. of AMERICAN CONTRACTORS INDEMNITY COMPANY,at a ineedng called and held on the 6th day of December, 1990. RESOLVF;D that the Chief Executive Officer,President or any Vice President,Executive Vice President,Secretary or Assistant Secretary, shalt have power and authority.. 11b appoint Attorneys)-in-fact and to authorize them to execute on behalf of the Company,and attach tire Seal of the Company thereto,bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and, 2s To remove,at any time,any such Attorney-in-fact and revoke the authority given. RESOLVI D FURTHER,that the signature of such officers and(lie seat of the Company may be affixed to any such power of attorney or at-certil ate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimlle signatures or facsimile seal be vt<lid and binding upon the Company and any such lower so executed and certified by facsimile signatures and facsimile seal shall be valid acid binding upon die Company in the future with respect to any bond or undertaking to which itis attached. IN WITN>35S WH1sRErOF, AMERICAN CONTRACTORS NDBMNITY COMPANY has caused this Instrument to be signed and its corporate;:cal to be affixed by Its authorized officer this 30t:1t day of _ aptevalsor 11997 foAMERICAN CONTRA IDB MPANY ME"MR9 By: RpI lrif ,� Andy Pauat,President STATE Of CALIFORNIA • COUNTS OF LOS ANGELES On 5e 'tember 30, 1991 fore me, B.Calndec , personally appeared ----- Ando Faust personally:known to me to be the person whose name is subscribed to tie within Instrument and acknowledged to me that he executed the same in fits authorized capacity,and that by his signature on tire instrument clic person,or the entity upon behalf of which die persun acted, executed€lie instrument. WITNW)'. my hand and official seal. IL CAMC Comord den tl 10489SM7 f wary PJAC---Cav7rtiia toy k9ow Cow* .. I Comm.E*4u May 28.2WD CERIMCA`TION �'r��• 1, the undersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I have compared die foregoing copy of tie Power of Attorney and affidavit,and the copy of tiro resolution adopted by tire Board of Directors of said Company V. I fortIl in said Power of Attorney,with the ORIGINALS ON FILE IN THE IIOME OFFICE OF SAID COMPANY,and(lint$011ie are l .ct transcripts diereof and of the whole of the said originals,and that tire said Power of Attorney Ions lie(been revoked end is now In full force and:effect. IN TESTIMONY WHEREOF,I have hereunto set my ham!this 11th day of April , 2000 Albert Baumaarten.Secretary r. CALI FORMA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego (� 8 ��� On April 11, 2000 before me, Melanie Andersen•Nbf�r Public r Dale Nana and TAN of ,VWW Ooa,Wwy Pubftj "personally appeared Jerome L. Hren , Nan**)or 9lpnar(s) X personally known to me—OR—0 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 hetsheAhey executed the MELANIE ANUERSONsame In his/her/their authorized capacityy(les),and that by *- COMM. #1230776 his/herAheir signature(s)on the Instrument the person(s), NOTARY PUBLIC-CALIFORNIA � or the entity upon behalf of which the person(s) acted, SAN DIEGO C471JNTY K" ° My Commission Expires executed the instrument. AUGUST 27,2003 WITNESS my hand and official seal. Z2Z P4Ar 4 Fn Notary Pubta OPTIONAL Though the Information below is not required by raw,It may prove vatueNe to persons relying on the document and could prevent frsudulent ramovai and reattachment of this form to another document. Description of Attached Document tie or Type of Document: ,Document Date: Number of Pages: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer`s Name: Jerome L. Hren Signer's.Name: C7 Individual 0 Individual ti Corporate Officer 0 Corporate Officer Title(s): Title(s): b Partner--0 Limited 0 General 0 Partner----0 Limited ❑General SI Attomey-in-Fact 0 Attomey-in-Fact D Trustee 0 Trustee Guardian or Conservator ❑ Guardian or Conservator Other: Top of thumb thwe D Cather: Top of 8nenb hers ,Signer Is Representing: Signer Is Representing: American Contractors Indemnity Company d 00094 Naft*Notary Assodatton•WX fiOMW Ave..P.O.Boz 7134•Caropa Pwk CA 81309.7194 Prod.No.SW Reorder:Call TbR-Fres 1400-876-W27 JEROME L HREN GEORGE A.MAREMA { and flKEN,SURETY BOND AGENTS JERRY M.J.$HAW ZN7 San Diego Avenue, Suite 132 • San Diego, California 92110 • (619) 297-2888 • FAX (619) 297-2884 • License #0833290 April 11, 2000 Mr. Gary Brooks Sherman Ranch, LLC 4456 Black Ave.,#200 Pleasanton, CA 94566 Rea Conta Costa County-Tract 8262 Bond No. 89138, Revised Bond Amounts Dear Gary: I have enclosed the original bond which you forwarded to me for correction of the bond amounts. Also, I have enclosed a rider to the bond which corrects the bond amounts. Please note that you need to sign the rider and present it to the County for their signature and acceptance. Should you have any problems with the County,please let me know and we will do whatever is necessary to correct. Sincerely, Jerome L. Hren , C A WOUERGUE PHOEND( SAN DIEGO